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(영문) 창원지방법원 마산지원 2016.06.15 2016고단264

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 15, 2016, the Defendant listened to the horses that the Defendant would pay the credit value of the restaurant from the victim E at the D restaurant located in Changwon-si, Changwon-si, Changwon-si. On January 15, 2016, the Defendant held a wooden bridge (43 cm in length, 4.5 cm in diameter) which is an object dangerous to the victim by drinking mixed alcohol at the house around January 16, 2016.

On January 16, 2016, at around 19:15, the Defendant came to the above D cafeteria, and brought up the victim’s head and arms on one occasion with each of the aforementioned wooden bridge carried in advance for the said reason, and led the victim to a two- weeks left side of the left side in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of E prepared by the police;

1. Records of seizure and list of seizure prepared by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate of injury);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Amount (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2008Da12

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;